Firearms and Other Dangerous Weapons
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| Offense | Description | Penal Law (Word) | (PDF) |
|---|---|---|---|
| CRIMINAL POSSESSION OF A WEAPON 4 | Possesses a firearm | 265.01(1) | |
| Possesses a per se knife | 265.01(1) | ||
| Possesses a weapon other than a firearm or knife | 265.01(1) | ||
| Possesses a weapon with intent to use unlawfully | 265.01(2) | ||
| Possesses a rifle or shotgun with a previous conviction | 265.01(4) | ||
| Non-citizen possesses a weapon. No charge prepared. | 265.01(5) | ||
| Possesses a rifle or shotgun by person certified not suitable | 265.01(6) | ||
| Possesses an explosive bullet | 265.01(7) | ||
| Possesses armor peircing ammunition | 265.01(8) | ||
| Possesses a major component of firearm, rifle, or shotgun (L. 2021, c. 519). No charge prepared. | 265.01(9) | ||
| Possesses a ghost gun (L. 2021, c. 520) | 265.01(9) | ||
| Possesses an unfinished frame or receiver | 265.01(10) | ||
| CRIMINAL POSSESSSION OF A WEAPON 3 | Possesses a weapon; prior conviction | 265.02(1) | |
| Possesses an explosive, incendiary bomb, bombshell, silencer, or machine-gun | 265.02(2) | ||
| Possesses a defaced weapon | 265.02(3) | ||
| Possesses three or more firearms | 265.02(5)(i) | ||
| Possesses a firearm with prior conviction | 265.02(5)(ii) | ||
| Possesses a disguised gun | 265.02(6) | ||
| Possesses an assault weapon | 265.02(7) | ||
| Possesses a large capacity feeding device | 265.02(8) | ||
| Commits drug trafficking felony and possesses an unloaded firearm. | 265.02(9) | ||
| Commits VFO and possesses an unloaded firearm. | 265.02(10) | ||
| CRIMINAL POSSESSION OF A WEAPON 2 | With intent to use unlawfully, possesses Machine-gun or Disguised gun | 265.03(1) (a) & (c) | |
| With intent to use unlawfully, possesses a loaded firearm | 265.03(1)(b) | ||
| Possesses five or more firearms | 265.03(2) | ||
| Possesses loaded firearm NOT in home or place of business | 265.03(3) | ||
| Possession of a loaded firearm IN home or place of business with prior conviction | 265.03(3) | ||
| CRIMINAL POSSESSION OF A WEAPON 1 | Possesses an explosive with intent to use unlawfully | 265.04(1) | |
| Possesses ten or more firearms | 265.04(2) | ||
| CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS | - | 265.01-a formerly 265.01(3) | |
| CRIMINAL POSSESSION OF A FIREARM | Possesses any firearm | 265.01-b(1) | |
| Failure to register | 265.01-b(2) | ||
| CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE | - | 265.01-c | |
| CRIMINAL POSSESSION OF A WEAPON IN A RESTRICTED LOCATION | - | 265.01-d | |
| CRIMINAL POSSESSION OF A FIREARM, RIFLE, OR SHOTGUN IN A SENSITIVE LOCATION | - | 265.01-e | |
| Unlawful Possession of Weapons Upon School Grounds | No charge prepared. | 265.06 | |
| Gunsmith, Dealer in firearm, failure to register, serialized weapon | No charge prepared. | 265.07 | |
| CRIMINAL USE OF A FIREARM 2 | Commits C VFO & possesses deadly weapon | 265.08(1) | |
| Commits C VFO & displays weapon | 265.08(2) | ||
| CRIMINAL USE OF A FIREARM 1 | Commits B VFO & possesses deadly weapon | 265.09(1)(a) | |
| Commits B VFO & Displays weapon | 265.09(1)(b) | ||
| MANUFACTURE, TRANSPORT, DISPOSITION & DEFACEMENT OF WEAPONS & DANGEROUS INSTRUMENTS | Charge prepared only for the following: | ||
| Transports or ships a machine gun, firearm silencer, assault weapon, ammunition feeding device, disguised gun, or five or more firearms | 265.10(2) sentence one | ||
| Dispose of a machine gun, assault weapon, ammunition feeding device, or firearm silencer | 265.10(3) sentence one | ||
| Buys, receives, disposes of, or conceals a defaced certain weapons | 265.10(3) sentence three | ||
| Defaces a machine-gun, ammunition feeding device or firearm | 265.10(6) | ||
| CRIMINAL SALE OF A FIREARM 3 | Sells firearm or ammunition device | 265.11(1) | |
| Possesses firearm with intent to sell | 265.11(2) | ||
| CRIMINAL SALE OF A FIREARM 2 | Sells five or more | 265.12(1) | |
| Sells two or more within one year | 265.12(2) | ||
| CRIMINAL SALE OF A FIREARM 1 | Sells ten or more | 265.13(1) | |
| Sell three or more within one year | 265.13(2) | ||
| Criminal Sale of a firearm with aid of a minor | No charge prepared. | 265.14 | |
| Criminal Sale of a firearm to a minor | - | 265.16 | |
| CRIMINAL PURCHASE OF A WEAPON | - | 265.17(1) | |
| - | 225.17(3) | ||
| AGGRAVATED CRIMINAL POSSESSION OF A WEAPON | Possess a loaded firearm and commits violent or drug trafficking felony | 265.19 | |
Prohibited Use of Weapons Unlawful possession of certain ammunition feeding devices Unlawful sale of a non-microstamping-enabled firearm | No charge prepared. | 265.35 265.37 265.38 | |
| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 1 | - | 265.45(1) | |
| - | 265.45(2) | ||
| FAILURE TO STORE RIFLES, SHOTGUNS, & FIREARMS 2 | No charge prepared. | 265.50 | |
| CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECTABLE FIREARM, RIFLE, OR SHOTGUN | No charge prepared for subd. (1) | 265.50(2) | |
| CRIMINAL POSSESSION OF AN UNDETECTABLE FIREARM, RIFLE OR SHOTGUN | No charge prepared for subd. (1) | 265.55(2) | |
| CRIMINAL SALE OF GHOST GUN 2 | - | 265.60 | |
| CRIMINAL SALE OF GHOST GUN 1 | - | 265.61 | |
| CRIMINAL SALE OF FRAME OR RECEIVER 2 | - | 265.63 | |
| CRIMINAL SALE OF FRAME OR RECEIVER 1 | - | 265.64 | |
| CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE | - | 265.65 | |
| CRIMINAL SALE OF A SEMIAUTOMATIC RIFLE | - | 265.66 |
Additional Charges
| Offense | Description | Penal Law (Word) | (PDF) |
|---|---|---|---|
In General | |||
| ADDITIONAL DEFINITIONS OF FIREARM | - | 265.00(3) | |
| CONSTRUCTIVE POSSESSION | - | 10.00(8) | |
| EXPLANATION OF INTENT TO USE UNLAWFULLY AND JUSTIFICATION | - | Word | |
PRESUMPTIONS | |||
| PRESUMPTION OF POSSESSION FROM PRESENCE OF MACHINE-GUN IN ROOM, DWELLING, STRUCTURE OR VEHICLE | - | 265.15(1) | |
| PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN STOLEN VEHICLE | - | 265.15(2) | |
| PRESUMPTION OF POSSESSION FROM PRESENCE OF WEAPON IN AUTOMOBILE | - | 265.15(3) | |
| PRESUMPTION OF UNLAWFUL INTENT | - | 265.15(4) | |
DEFENSES | |||
| TEMPORARY & LAWFUL POSSESSION | Word | ||
| VOLUNTARY SURRENDER OF A FIREARM | Word | ||